The WV Code states:§8-9-2. Mayor and recorder may vote; tie vote.The mayor and recorder shall, unless otherwise provided by charter provision, have votes as members of the governing body, and, in case of a tie, the presiding officer at the time shall cast the tie-breaking vote, unless he has previously voted.

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how is it legal for the recorder to vote if the mayor is present and she does not have the power of his office she created the tie would the brother in law not be a conflict of interest and be grounds for mayor's recusal

Customer:replied 1 year ago.

Relist: Incomplete answer.the council vote was 3-2 the recorder voted to tie vote mayor cast tie breaker in favor of brother in law

The law was Intended to show that the recorder could cast a vote in the absents of the Mayor as his stand in she is not elected as a Representive of the people the Mayor and Council were they can not have a charter that undermines the State charter on who is the controlling body it was a ploy to give the Mayor control under WV Code 8-10-3 states when she has the power of his office which would give her a vote

The WV Code states:§8-9-2. Mayor and recorder may vote; tie vote.The mayor and recorder shall, unless otherwise provided by charter provision, have votes as members of the governing body, and, in case of a tie, the presiding officer at the time shall cast the tie-breaking vote, unless he has previously voted.

Doe the Charter specify that the recorder and mayor do not always vote as members of the governing body?

from my information it only states the WV code 8-9-2 it does not show 8-10-3 in Their ordinance to cover up the voting issue since the Mayor and council are the ruling body she only has power when the Mayor is not present

8-10-3 states:§8-10-3. Powers and duties of recorder. It shall be the duty of the recorder of every municipality to keep the journal of the proceedings of the governing body thereof, and he shall have charge of and preserve the records of the municipality. Unless otherwise provided by charter provision or general law, whenever the mayor is unable because of illness or absence from the municipality to perform the duties of his office, and during any vacancy in the office of mayor, the recorder shall perform the duties of the mayor and be invested with all of his power and authority.

SECTION 2 OFFICERS. The municipal authorities of said Town shall be a Mayor, Recorder, and five Councilmen who shall be free-holders therein and who together shall form a common Council.

SECTION 13 CONDUCTION OF MEETINGS. The Council shall be presided over at its meetings by the Mayor, or in his absence by the Recorder; or in the absence of both Mayor and Recorder, by one of the Councilmen selected by a majority of the Council present; and a majority of the Council shall be necessary to form a quorum for the transaction of business. But no member of the Council of the Town, shall vote upon any order, measure, resolution or proposition in which he may be interested, other than a citizen of said Town.

I am not sure which portion of the Charter you think may need to be amended, but it looks like it was illegal for the Mayor to cast the deciding vote to award a contract to his brother in law.

State law states that the recorder is a member of the ruling body unless the charter says otherwise.

§8-9-2. Mayor and recorder may vote; tie vote.The mayor and recorder shall, unless otherwise provided by charter provision, have votes as members of the governing body, and, in case of a tie, the presiding officer at the time shall cast the tie-breaking vote, unless he has previously voted.

Section 2 of this charter says the recorder is a member of the governing body.

as you said they both have a vote she is a member of the governing body when she has the power of the Mayors office and can vote in a tie if she is the presiding official 8-9-2 says tie vote council vote was 3-2 there was no tie to break both the mayor and recorder were present she can not cast a vote to create a tie

The Charter seems to say that the recorder and mayor vote along with the other members of the governing body, and the Charter is more specific than the statutes. Are you saying that in fact they have never voted as part of the Council prior to this event?

to my knowledge there has not been another tie vote cast and this was done because the three councilmen that voted no did not agree with the mayors brother-in-law another councilman that is a friend of the mayor and his brother-in-law before everyone went along with what was decided but the mayor and his brother-in-law nominated and appointed the planning commission member that they wanted to buy the property from and then the planning commission member wanted to buy property from the city 500 yards away so he could develop it he is a contractor

the council members are working with the U.S. Attorney Investigator and ethics commission since the mayor a his Brother-In-Law nominated and appointed the planning commission member should they both have recused themselves from the vote to buy planning commission members property

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